IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011199
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show he elected to transfer his educational benefits to his children under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states:
* his TEB was changed from approved to rejected
* it changed because he did not have 4 years remaining on his enlistment contract
* he was medically retired and his children are entitled to his G.I. Bill benefits
* he completed the TEB several months before he was discharged
* his son is about to go to college and he does not have the ability to pay for it
* he did not receive any information informing him that his TEB had been denied
* he was informed that his children would be eligible for his educational benefits because he was medically discharged through a medical evaluation board (MEB)
* he had a 70% disability rating; he is now 90% disabled due to back problems
* the Department of Veterans Affairs (VA) is adjusting his rating and in the process of giving him unemployable status
3. The applicant provides his retirement orders.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant completed 5 years, 6 months, and 15 days of total active service for retired pay in the Army National Guard (ARNG). On 2 February 2005, following his ARNG service, he enlisted in the Regular Army and executed several reenlistments. His records show he held military occupational specialty (MOS) 42A (Human Resources Specialist).
2. On 28 September 2012, a Physical Evaluation Board (PEB) found that he was physically unfit and recommended that he be placed on the Temporary Disability Retired list.
3. Orders 347-0913, issued by Headquarters, U.S. Army Signal Center of Excellence and Fort Gordon, dated 12 December 2013, show he was released from assignment and duty because of a physical disability. His effective date of retirement was 7 February 2013. He completed 9 years and 4 months of service for disability retirement and 10 years, 1 month, and 4 days of 1405 service.
4. His DD Form 214 for the period ending 2 February 2013 shows he completed 8 years and 6 months of net active service this period.
5. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill and:
a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or
b. has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute; or
c. is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service.
6. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he was authorized to transfer his education benefits to his dependents under the TEB provision of the Post-9/11 GI Bill.
2. Records show his request to transfer his benefits was submitted via the MilConnect website on 8 August 2012. He was issued retirement orders on 12 December 2012. The applicant was discharged due to disability effective 7 February 2013.
3. The available evidence shows that the applicant had completed
10 or more years of service as of his initial TEB request dated 8 August 2012. Furthermore, he was unauthorized to make any commitment for further military service due to his physical disability. Therefore, he would have been eligible for TEB.
4. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer Post-9/11 GI Bill benefits to his eligible family members prior to his retirement, provided all other program eligibility criteria are met.
___________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140011199
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ABCMR Record of Proceedings (cont) AR20140011199
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